Amendment2
1
The Immigration and Nationality (Fees) Regulations 20074 shall be amended as follows.
2
In regulation 2 (interpretation)—
a
after the definition of “Tier 5 migrant” insert “and”; and
b
omit the definition “Tier 5 (Temporary Worker) migrant” and the “and” that follows it.
3
In regulation 5A (fees for applications for leave in the United Kingdom), for paragraph (3) substitute—
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is—
a
£400 for an application made by post or courier; or
b
£600 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.
4
For regulation 9 (exceptions in respect of fees for leave to remain applications) substitute—
9
No fee is payable in connection with applications referred to in—
a
regulation 3;
b
regulation 5A, in so far as the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules;
c
regulation 5C; or
d
regulation 6, in so far as the application is for work permit employment under the immigration rules, as a highly skilled migrant under the immigration rules, as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules or a Tier Two migrant,
where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
5
In regulation 12 (exceptions in respect of fees for leave to remain applications), omit “, 5D”.
6
Omit regulations 15, 16 and 18 (fees for immigration employment documents).
7
At the beginning of regulation 20A (fees for sponsorship applications), insert “Subject to regulation 20AA,”.
8
After regulation 20A (fees for sponsorship applications), insert—
20AA
In the case of an application to which article 3(2)(p)5 of the 2007 Order applies, where such application is for a licence referred to in sub-paragraphs (a) to (d) of regulation 20A and is in respect of a person who—
a
holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and
b
is not a small sponsor,
the fee is £600.
9
For regulation 20B (fees for entry clearance applications), substitute—
20B
In the case of an application to which article 3(2)(aa)6 of the 2007 Order applies—
a
subject to sub-paragraphs (b), (c) and (d), where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £600;
b
subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £540;
c
subject to sub-paragraph (d),where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £200;
d
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who—
i
has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter,
the fee is £180;
e
where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £205;
f
subject to sub-paragraph (g), where the application is for entry clearance as a Tier 2 migrant, the fee is £205;
g
where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £185;
h
where the application is for entry clearance for settlement in the United Kingdom, the fee is £515;
i
where the application is for entry clearance to the United Kingdom other than—
i
for the purposes listed in sub-paragraphs (a) to (h);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
as a Tier 4 migrant;
v
as a Tier 5 migrant; or
vi
for passing through the United Kingdom,
the fee is £205.
2
This regulation is subject to regulation 20C and regulation 20D.
10
In regulation 20C (exceptions and waivers in respect of fees for entry clearance applications)—
a
after paragraph (b) insert “or”; and
b
omit paragraph (d) and the “or” before it.